Mr. Hirsch to Mr.
Blaine.
Legation of
the United States,
Constantinople, March 21, 1892.
(Received April 4.)
No. 409.]
Sir: I have the honor to inclose herewith a copy of
a note verbale received from the ministry of foreign affairs, calling the
attention of the foreign representatives at this capital to certain
modifications of the law regulating the procedure to be followed in civil
and penal matters toward foreigners living in localities distant more than
nine hours from a consular residence. This is a reply by the Porte to my
note of March 9, 1891, copy of which was inclosed to the Department in my
No. 241, and which was a note identique sent to the Porte by the
representatives of the foreign powers. I also inclose (inclosure No. 2) copy
of a memorandum pertaining to this subject, addressed to the chiefs of the
various missions by the dragomans. I beg to state that I fully concur in
their views as set forth in said memorandum, and, here repeat the closing
sentences of my dispatch No. 241:
In view of the difficulties often experienced in obtaining the
recognition of foreign consuls in the interior of Turkey, this
proposed measure might be properly termed an attempt on the part of
the Ottoman Government to destroy the force and power of the
capitulations.
I also beg to state that I inclose a copy (inclosure No. 3) of a note verbale
of this legation to the ministry of foreign affairs, which is my reply to
the Porte’s note verbale of October 10, 1891, and which reply was a note
identique sent by the representatives of the principal powers here.
I have, etc.,
[Inclosure 1 in No. 409.]
Ministry of Foreign Affairs,
Constantinople, October 10,
1891.
The ministry of foreign affairs has received the verbal note the legation
of the United States of America has kindly addressed to it on the 9th of
March last, No. 58, relating to the procedure to be followed in civil
and penal matters with regard of foreigners who live in localities
distant more than nine hours from a consular residence.
[Page 546]
The Imperial ministry permits itself to observe that the new provisions
decided, upon by the Sublime Porte do not constitute any modification to
the arrangements contained in the protocol of the law of the 7th Sepher,
which continue to remain in full force. These provisions are intended
rather to fill up certain omissions with the view of determining the
procedure to be followed between natives and foreigners in certain cases
not provided by the said act.
The Imperial ministry does not doubt but that the foreign missions
animated in recognizing the imperative necessity which has imposed upon
the Sublime Porte the obligation to put an end to a state of things just
as injurious to foreigners as to its own subjects.
In fact, the progressive development of the interior commerce of the
Empire, the extension of railroads, the presence in localities where
there exists no consulate of a great number of foreign merchants and
workmen employed in the building of those roads, and the frequency of
disputes which happen between them and natives, as well as the care and
maintenance of public order, rendered this ruling indispensable.
It is, then, with the thought of assuring the distribution of justice to
those individuals and the local population, in conformity with the laws
in force in the Empire, that the measures in question have been edicted.
Nevertheless the Imperial Government will be ready to hear the
objections of the foreign missions, if there are any, and these new
provisions of ruling, and to take in consideration the propositions
which would seem to them better appropriate to the end in view or the
amendments which they would wish to see introduced.
[Inclosure 2 in No. 409.]
Memorandum.
With its note dated * * the Ottoman ministry of foreign affairs, dwelling
upon a decision of the ministry of justice, requested that * * *
The wish expressed by the ministry of justice does not seem admissible,
and the reasons on which it rests are not well founded.
In all times, foreigners have always been attended in judicial matters by
their consular authorities. This tutelary and indispensable rule has
always been applied in an absolute manner.
In 1866 only, when the Porte granted to foreigners the right to hold real
estate, the protocol annexed to the law of the 7th Sepher introduced a
slight derogation to that rule. It was a kind of concession that the
powers thought well to make to the Ottoman Government. That was an error
to be regretted, inasmuch as the law of Sepher did not give any great
advantages to foreigners, as it grants equal rights to the Ottomans, as
well as foreigners, on all questions concerning real property.
The present request of the Ottoman Government is a new attempt on its
part to diminish, little by little, the prerogatives that foreigners
enjoy in Turkey.
The reasons invoked by the Sublime Porte are not serious. The actual
regime does not present any charms. The rule is that foreigners have the
right to be always assisted by their own authority. Moreover, the recent
creation of the railroad lines, enabling the dragoman to travel more
easily, would be rather a reason to restrict the limits of the
concessions granted by the protocol.
The best way for the Porte to avoid what it calls difficulties, would be
to reform, once for all, its tribunals, to intrust the distribution of
justice to honest and learned magistrates, prevent the divers influences
depriving very often even honest judges of their liberty of action. The
Ottoman Government should, moreover, revise its legislation, which tends
more and more to copy the laws of the Cheri, which are excellent perhaps
as general rules of morals, but which contain many faults as written
law.
Experience proves, nowadays, that less than ever there can be a question
to withdraw, even partially, the protection given to foreigners.
Meanwhile, if the Government of the United States is disposed to grant to
the Sublime Porte new concessions it might, for the most, enlarge
slightly the limits of those previously consented to.
In any case, it would be necessary to establish and affirm, in an express
and incontestable manner, that the future concessions as well as those
previously consented to shall not constitute any renunciation of the
rights acknowledged by the treaties to foreigners, and that as a matter
of principle the attendance of the dragoman in judiciary matters shall
be a right which the foreigner will plead every time that circumstance
will permit its authority to exercise it.
[Page 547]
[Inclosure 3 in No. 409.]
Legation of the United States,
Constantinople, March 14,
1892.
No. 91.]
The legation of the United States of America begs leave to acknowledge
the receipt of the note verbale which the Imperial ministry of foreign
affairs kindly addressed to it, dated October 10, 1891, regarding the
mode of procedure to be taken toward foreigners living in places distant
more than nine hours from a consular resident.
The legation of the United States of America, considering that the
propositions contained in the circular of the ministry of justice, dated
January 21, 1891, constitute a formal derogation of the provisions of
the protocol annexed to the law of Sepher, and that they are also
contrary to the constant practice followed up to this day, cannot
consent to there being introduced any modification to the previous
agreements.
The legation of the United States of America begs, therefore, that the
Imperial ministry of foreign affairs will kindly use its efforts in
opposing the enforcement of the recent decisions of the ministry of
justice, at the same time apprising it that this legation can not
recognize as valid the judgments issued in conformity with these new
decisions.
